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HomeMy WebLinkAbout058 - 04/15/2003 - AUTHORIZING EASEMENTS ACROSS A PORTION OF RIVERBEND PONDS NATURAL AREA FOR CONSTRUCTION AND OPERATIO ORDINANCE NO. 058, 2003 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING EASEMENTS ACROSS A PORTION OF RIVERBEND PONDS NATURAL AREA FOR CONSTRUCTION AND OPERATION OF AN 18-INCH STORM SEWERLINE WHEREAS, the City of Fort Collins is the owner of certain real property located south of Mulberry Street and generally East of Timberline Road known as the Riverbend Ponds Natural Area(the "Site"); and WHEREAS, Hooraz, Inc.("Hooraz"), is the developer of Riverbend Condominiums, a condominium development of eight units adjacent to the Site that is currently pending final approval from the City of Fort Collins (the "Development"); and WHEREAS, Hooraz has requested that the City grant a temporary construction easement for the installation of, and a permanent easement for the long term maintenance of, an 18-inch storm sewerline across the north end of the Site (the "Improvements"), in order to satisfy development requirements for the Development; and WHEREAS, City staff has negotiated with Hooraz a nonexclusive temporary easement for the installation of the Improvements on the area described on attached Exhibit "A," attached hereto and incorporated herein by this reference (the "Temporary Easement Area"), for the sum of$100; and WHEREAS, City staff has negotiated with Hooraz a nonexclusive permanent easement for the operation and maintenance of the Improvements on and under the area described on Exhibit "B," attached hereto and incorporated herein by this reference (the "Permanent Easement Area"), for the sum of$100; and WHEREAS, City staff has negotiated a temporary easement agreement and a permanent easement agreement to document the terms and conditions of the easements, both dated March 28, 2003 (the "Easement Agreements"), which agreements are on file in the office of the City Clerk and available for public review; and WHEREAS, the Easement Agreements include specific resource protection and restoration requirements that are intended to result in an improved condition of the Temporary Easement Area and the Permanent Easement Area, and to advance the protection of existing resources on the Site, including revegetation of disturbed areas; and WHEREAS, Hooraz has agreed to pay the City a total of $2,450 for vegetation management to be carried out by the City on the areas revegetated pursuant to the temporary construction easement for the Improvements, together with the areas revegetated pursuant to the temporary construction easement for the waterline to be granted to Hooraz upon the adoption of Ordinance No. 057, 2003, of even date herewith; and WHEREAS, Hooraz has also agreed to reimburse the City for the costs of processing these and the other easements requested from the City for the Development, in the amount of $450; and WHEREAS, the Natural Resources Advisory Board considered the proposed Improvements and the permanent easement at its regular meeting on March 5, 2003, and voted to recommend that the City Council authorize the permanent easement; and WHEREAS, the Natural Resources Advisory Board considered the proposed temporary construction easement at its regular meeting on March 26, 2003, and voted to recommend that the City Council authorize the temporary construction easement; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of an interest in real property owned by the City, provided the Council first finds by ordinance that any sale or disposition of that real property interest will be for the benefit of the City's citizens, and will be in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council hereby finds that the grant of the temporary construction easement on the permanent easement area and the permanent easement on and under the Permanent Easement Area, as described herein and subject to the terms and conditions of the Easement Agreements, is in the best interests for the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute the Easement Agreements, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary or appropriate to protect the interests of the City, consistent with this Ordinance. Introduced and considered favorably on first reading and ordered published this lst day of April, A.D. 2003, and to be presented for final passage on the 15th day of April, A.D. 2003. Mayor ATTEST: % I �� - City Clerk Passed and adopted on final reading this 15th day of-A,, ril 3 . 2003. ` Mayor ATTEST: k.L�g' -A — — '.*Ja a I City Clerk ORDINANCE NO.058,2003--EXHIBIT A LEGAL DESCRIPTION--STORM SEWERLINE TEMPORARY CONSTRUCTION EASEMENT Stormline Temporary Construction Easement: A portion of Section 17, Township 7 North, Range 68 West, 6th Principal Meridian, Lorimer County, Colorado being more particularly described as follows: Considering the North line of the Northwest Y4 of Section 17. Township 7 North. Range 68 West, 6th Principal Meridian, Lorimer County, Colorado as bearing S 88'29'42" W and with all bearings contained herein relative thereto. COMMENCE at the North Y4 corner of Section 17, Township 7 North, Range 68 West, 6th Principal Meridian, Lorimer County. Colorado: thence run S 88'29'42" W along the North line of said Section 17 for a distance of 2632.85 feet to the Northwest corner of said Section 17; thence leaving sold North line run S 65'07'48" E for a distance of 1047.91 feet; thence run N 86'04'48" E for a distance of 851.16 feet; thence run S 00'38'18" W for a distance of 660.66 feet; thence run N 86'04'48" E for a distance of 200.00 feet; thence run S 00'01'01" E for a distance of 171.12 feet; to the Southwest corner of Lot 236 COUNTRYSIDE PARK PHASE III; thence run N 88'58'08" W for a distance of 148.55 feet to the POINT OF BEGINNING; thence continue N 88'58'08" W for a distance of 20.01 feet; thence run S 03'01'49" W for a distance of 76.64 feet; thence run N 86'58'11" W for a distance of 20.00 feet; thence run S 03'01'49" W for a distance of 20.00 feet; thence run S 86'58-11" E for a distance of 40.00 feet; thence run N 03'01'49" E for a distance of 97.34 feet to the Point of Beginning. Containing 2340 sq.ft., more or less, and being subject to all easement and rights of way of record. ORDINANCE NO. 0581,2003--EXHIBIT B LEGAL DESCRIPTION-STORM SEWERLINE PERMANENT EASEMENT Description of Permanent Stormline Easement A p�of Section 17.Teartehip 7//crib.Range!6 Woot. 6th Ptln C*isrbe O*ina rrlere PaRkubrh'OMOfied w f -*: cl"U--dien,larimer County. the M Prirrra" tdar—of Ore"a--- 1/4 of Section 17.Tearnoro: 7 North.nerve 66 West. 0/be@ 6, a contained hen` lariWsr County.Colorado e•bee,S/b''29'42'W and with /elati�le thereto. Cth cl LCOMMENCE at the North 1/4 corner*f Section 17,Tohlp 7 MOM.Range b Wear. thence. S 2'w C0.0y.Colorado; ene SaeUon 17 for a di*tartee _�a"the feet line of of the No 0haeel 1/4 of*aid thence MevMq cord North wire�� to the Northrut owner of*aid Section 17; thence run N OW04'40' Ntn S 93'0 of a E for•6atence of 1047.91 foot; E for a dtttortoo of S ."feet 1ltertee rent S 00'.76'16'W for a w-twtoo of 660.66 feet; thence run N 9WOW41r E for 0 dlotOnaO of 200.00/eat t70U94W w E for 0 dlofeneae of 171.12 feet to the Southeast*Omar of lot 230. thence Nun S tter3e'06'E for o dhoance of 1{t1.36 foot to Ora POINT OF DEQWSNO; then run N 6WS6'06'W for 0 d�bo of 20.01 feet. thence run s OJo1.40'W far a dtKanae of 73.94 foot; !hone*run S fl6'6A'i/'E for a dldMeas of 20.00 foot; thwwd nun N OSO]'49'E for a diotenee of 76.64 feet to the Po`t of 9pinn`0. C-*"9 1.323*p.N,Me"of lay.and being&AJect to an eaaoenents and rlghb of way of record.